OPINION
POWERS, Justice.
This civil action was commenced January 28, 1964, with the issuance of a writ of summons in an action of assumpsit and was tried to a justice of the superior court sitting with a jury. The case was not reached for trial, however, until November of 1966, and so was tried in accordance with the superior court rules of civil procedure which became effective January 10, 1966.
In his...
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